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United States Ninth Circuit


Yakima Valley Memorial Hospital v. Washington State Dept. of Health, 12-35652

Summary judgment for defendant that its Certificate of Need regulations, which provided that hospitals without on-site cardiac surgical facilities could perform elective percutaneous coronary interventions only if they obtained a Certificate of Need demonstrating sufficient need in the region to support an annual minimum volume, did not violate the dormant Commerce Clause, is affirmed, where plaintiff did not establish that: 1) the challenged regulations burdened interstate commerce; or 2) the putative safety benefits were illusory.

Appellate Information

  • Decided 09/23/2013
  • Published 09/23/2013

Judges

  • McKEOWN

Court

  • United States Ninth Circuit

Counsel

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